“In one of several motions filed Friday in U.S. District Court in Minneapolis, the attorneys argued that despite its reputation for brutality, ISIL carries many characteristics of a government that tends to day-to-day business and that therefore criminal charges against the defendants are too broad.” Indeed. After all, during World War II, no one would have dreamed of bringing criminal charges against Nazi spies, because Nazi Germany carried many characteristics of a government, right?

Defense attorneys for seven suspects charged with supporting terrorism are arguing that the Islamic State of Iraq and the Levant (ISIL) is not a terrorist organization because it operates a government and regulates services for citizens living under its control in Syria.

In one of several motions filed Friday in U.S. District Court in Minneapolis, the attorneys argued that despite its reputation for brutality, ISIL carries many characteristics of a government that tends to day-to-day business and that therefore criminal charges against the defendants are too broad.

“While the group has adopted partly violent and repressive tactics, and engages in military and insurgency attacks against the Syrian and Iraqi armies, it has also embarked on a systematic process of civilian governance over the eight to 10 million people with the territory it controls,” attorneys said.

The statutes under which the defendants are charged prohibit providing support under the direction or control of a terrorist group. The attorneys argue that when a terrorist group controls an entire territory, simply being in that country would effectively become, under the current charges, support to the terrorist group. But when services are provided, it’s no longer possible to describe that territory as being part of a terrorist state.

“Mere travel to Syria, or willingness to ‘join’ ISIL, cannot constitutionally be equated with material support. Accordingly, the material support statute is void,” the attorneys argued….

Comments

ISIS may be a “state”, but U.S. does not recognize it as such. So the argument is untenable in an American court.
In a similar vein, a New York court delivered judgement against Palestinian Authority in a law suit filed by American victims of a Palestinian terror attack.
The suit was possible because U.S. does not recognize PA as a state.

Defense attorneys for seven suspects charged with supporting terrorism are arguing that the Islamic State of Iraq and the Levant (ISIL) is not a terrorist organization because it operates a government and regulates services for citizens living under its control in Syria.

I only have one question: have these suspects ever accused the USA of terrorism?

Taking care of business every day, taking care of business in everyway…Just like Iran, Saudi Arabia and others…Size is everything, if there are 5 terrorists in a group, it is a terrorist organization, if there are 500 terrorists in a group, it is still a terrorist organization, but if there are 5 million terrorists, it is no longer an ter5rorist organization, it is Islam…
Of course we knew it was Islam all along…

When one understands Islamic scripture the notion of a terrorist group – government – legal system – brutally repressive and doubly totalitarian regime makes complete sense. Hence, The necessity so many place on shutting down any real study of Islam in relation to this phenomenon.

The obsession with the buzzword “terrorism” obscures the Islamic supremacist sharia totalitarian project. Harmless lies are not harmless.

“…it has also embarked on a systematic process of civilian governance over the eight to 10 million people with the territory it controls,” attorneys said.
Did the attorneys happen to mention how the territory came to be under ISIS control? Or how ISIS goes about the business of “governance”?
In a prog state like MN, it’s a safe bet the scum will not only get away with it, but will be fawned over by local media as they are released.

ISIL/ISIS/the Islamic State/Daesh is a designated Foreign Terrorist Organization by the U.S. State Department (specific alias to AQI added May 14, 2014). Material support includes providing “personnel” including oneself. Dhimmwitted Minnesota lawyers or not.

There is such a thing as “terrorist state,” and the I.S. is a terrorist state. That they carry also all other functions of normal government does not change and diminish their main function – to be TERRORIST state, a state created on the purpose to TERRORIZE population (their own and their neighbors). Sure, they have their claims to high heaven to justify this or that, but regardless. And, as I see now, they have lawyers inside of the US to justify their actions. Those lawyers should be put in chains and tried for TREASON in helping the enemy, the TERRORIST ISLAMIC STATE!

Also, the Islam of Muslims does not have the concept of a “state” or “nation” — those are Western concepts by which we translate Islamic political ideas and organization. I believe the word being translated so glibly and mechanically as “State” from the full term of the acronym “DAISH” — الدولة الإسلامية في العراق والشام — is والشام — which may be transliterated al Dul, which may mean literally “Shadow” (but may also have figurative purport along the lines of “Regime” or something, with an appropriately sinister totalitarian sense of “overshadow”). I could be way off base about the specific particulars, however; as Arabic is not my forte.

Before the lawyers are put in chains and tried for TREASON, it would be a good idea to abolish the Sixth Amendment to the United States Constitution.

Maybe we could return to the principle that worked so well during the witch trials in the Middle Ages: Anyone who defend a witch is himself a witch.

That should do the trick.
……………………………………

The idea that anyone objecting to this meretricious move by these lawyers is hence trying to deprive anyone of legal defense and hence is violating the Sixth Amendment of the Constitution is complete rot.

The idea that such objection, further, amounts to imprisonment and persecution of these attorneys is even more ludicrous.

If this false notion were to stick–highly unlikely, of course–then it would make it virtually impossible to prosecute *any* Jihad terrorist.

This is, of course, exactly what the repellent Jan Aage Jeppersen would like to see. The idea that he is here trying to defend the Constitution, rather than dismantle it, is utterly grotesque.

He ‘s right in a way. What’s the difference between the Islamic State (Sunni) and the Islamic Republic (Shia). They are both terrorist organizations. One has a privileged position in the hearts of the Western leaders, the other is still working on it.

Of course not! How could beheadings, stonings, and immolating people to death *possibly* have anything to do with terror?

More:

Islamic State“In one of several motions filed Friday in U.S. District Court in Minneapolis, the attorneys argued that despite its reputation for brutality, ISIL carries many characteristics of a government that tends to day-to-day business and that therefore criminal charges against the defendants are too broad.” Indeed. After all, during World War II, no one would have dreamed of bringing criminal charges against Nazi spies, because Nazi Germany carried many characteristics of a government, right?
……………………………

Indeed. Explain how in any sane world working to join an enemy terrorist state is any better than joining a terrorist group? One might, in fact, make the argument that it is *worse*.

In any case, as others have noted, the US does not recognize the Islamic State as a country.

This appears to be the same false argument used about Hamas–that when they took on the trappings of a full government, that they would no longer be attacking Israel because they would be too busy “filling potholes”. A decade later, they are still attacking Israel–and they seem to be pretty much ignoring road maintenance–except where it runs through tunnels used to attack Israel…

Also, don’t you love the idea that a state funded largely by booty and the sale of slaves is “providing services”? Cheap sex slaves, maybe, and sponsored entertainment like public mass executions…

I know these unprincipled defense attorneys are trying to save their clients, but let’s hope the judge doesn’t accept this grotesque tripe.

PLO South Lebanon 1970s/80s
Hizbollah Lebanon for years-today
Hamas Gaza 2005-today
Muslim Brotherhood Egypt from legal status to 2013.
These Attorneys are using a wrong argument for their clients unless as someone wrote the flaming red liberals hijack this case to find not guilty or misdirect and confuse for a hung jury.

No disrespect intended to you, but I’d guess the attorneys are supplied by CAIR or some similarly wily islamic group. If not, the city (and many others like it which are flooded with ever-growing masses of islamic immigrants) is simply crawling with Civil Liberty-types just waiting for cases such as these, so they can boast to all what wonderfully tolerant individuals they are.
These states are very generous to their new inhabitants!

This ‘dummy’ was replying to @Winnind– and who’s suggested abolishing the Constitution?
Seems @Jan Aage would know better where to look for those who enjoy getting around/under/over that particular document.

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